Samuel Anstey v. David Ballard, Warden

Samuel Anstey, Petitioner Below, Petitioner v. David Ballard, Warden, Mt. Olive Correctional Complex, Respondent Below, Respondent Supreme Court No. 15-0067 FILED June 2, 2016 released at 3:00 p.m. Chief Justice Ketchum, dissenting: RORY L. PERRY, II CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Oliver Wendell Holmes once stated: “Certitude is not the test of certainty. We have been cock-sure of many things that were not so.”1 That statement encapsulates the error of the majority in affirming the denial of habeas relief. The error is twofold. First, the majority fails to realize that the…